All You Need to Know About the EB1B VISA

1. What is the EB1B Visa?

The EB1B visa is an immigrant visa category designed for outstanding professors and researchers. To be eligible, individuals must demonstrate international recognition for outstanding achievements in a specific academic area. The applicant must possess at least 3 years of teaching and/or research experience in their academic field and secure a job offer to work as a professor or researcher for a U.S. university or institute of higher education or as a researcher for a private employer. Unlike other employment-based immigrant visas, the EB1B visa does not require an approved labor certification.

2. Benefits of an EB1B Visa:

i. Immigrant Visa:

- Qualifies for a green card, allowing travel in and out of the United States.

- Eligible family members (spouse and children) can also obtain green cards, work authorization, and attend school in the U.S.

ii. No Labor Certification Required:

- Exempt from the time-consuming and tedious process of obtaining an approved labor certification, which is required for many other employment-based immigrant visas.

iii. Lower Standard than EB1A Extraordinary Ability:

- While still a high standard, the EB1B visa requires international recognition for outstanding achievements in an academic field, making it potentially easier to qualify for compared to the EB1A visa, which demands extraordinary ability.

3. EB1B Visa Requirements:

To qualify for an EB1B visa, applicants must meet three main requirements:

i. Internationally Recognized Outstanding Achievement:

- Prove international recognition as outstanding in an academic field, satisfying at least two of six evidentiary criteria, such as major prizes or awards, association memberships, published materials, participation as a judge, original contributions, and authorship of scholarly books or articles.

ii. Minimum 3 Years of Teaching/Research Experience:

- Have at least 3 years of experience in teaching and/or research in the academic field. Time spent teaching or researching while pursuing an advanced degree can be considered if it meets specific criteria.

iii. U.S. Job Offer:

- Obtain a U.S. job offer to work in a teaching position or as a researcher. The offer must be from a U.S. university or institute of higher education for a tenured or tenure-track position or from a private employer for a permanent research position.

4. Documents Needed for an EB1B Visa:

While the specific documents required depend on the individual's achievements, qualifications, and credentials, general documents include:

- Awards and evidence of their significance.

- Evidence of membership in academic associations.

- Letters from former employers explaining work experience.

- Written job offer from the U.S. employer.

- Letters of endorsement from experts in the field.

- Copy of passport.

- Resume or CV.

5. Process of Getting an EB1B Visa:

- Step 1: Hire an immigration lawyer.

- Step 2: File Form I-140 (Immigrant Petition for Alien Worker) with USCIS, including supporting documents.

- Step 3: Choose either Adjustment of Status or Visa Processing.

- Adjustment of Status: For individuals lawfully present in the U.S., file Form I-485.

- Visa Processing: Apply for a visa at a U.S. consulate abroad using Form DS-260.

6. How USCIS Decides Outstanding Achievement:

USCIS employs a two-step approach:

- Step 1: Evidentiary Threshold:

- Ensures the applicant has sufficient evidence to satisfy at least two of the six evidentiary criteria.

- Focus is on the existence of evidence, not its quality.

- Step 2: Final Merits Determination:

- Critically analyzes the totality of evidence to determine if the applicant is outstanding in their field.

- Assesses the quality and caliber of evidence.

- Satisfying two criteria in Step 1 does not guarantee approval if the evidence is not strong enough.

The EB1B visa is a favorable option for researchers and professors seeking a green card and the opportunity to work in the U.S. It offers benefits such as exemption from labor certification and a lower standard than the EB1A visa. Success largely depends on the quality of evidence submitted, making it crucial to work with an immigration lawyer throughout the process. For further assistance, contact us